Last Updated: May 28, 2019
Who we are and what we do
Our Magisto, Chant, and Videofy services allow users to create videos using AI-based technology.
Acceptance and Changes
2. Children's Privacy
We do not knowingly collect personal information from individuals who are under the minimum required ages specified herein. You must be at least 18 years of age, or the age of majority in your jurisdiction (whichever is greater), to use our services. Individuals under the applicable age may use our services only through a parent or legal guardian's account and with their involvement. If you are a parent or legal guardian who believes your child has provided personal information to Vimeo without your consent, you may ask us to delete such information by contacting us at email@example.com.
3. Data We Collect About You
We collect information about you when you use our services. In addition, third parties may collect information about you when you use our services. Collected information may include or reflect personal information that could identify you, as well as non-personal information. We refer to your information as "your data" for short.
To create an account, you must provide a valid email address and password, and may choose to provide additional personal information like your name and location. If you choose to sign-up and/or authenticate using a third-party account (e.g., Facebook, Google), you authorize us to obtain account information from the third-party platform.
To make a purchase, you may need to provide a valid payment method (e.g., credit card or PayPal account). Your payment information will be collected and processed by our authorized payment vendors. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. If we allow purchase through a third-party platform (i.e., in-app purchase), the payment method stored with the third-party platform will be charged.
Accountholders may create a profile and upload content such as videos, text, photographs, and artwork. Your profile may display information about you and your activities. This information may be accessed by others. Your videos may be viewed and otherwise accessed by others, and associated metadata (e.g., titles, descriptions, tags, etc.) are viewable by others. Your interactions with other users (e.g., comments, "likes," private messages) may be seen by others. We may offer tools that allow you to limit the availability of your profile and videos. For more details, see Section 9.
You may allow us to access your camera roll for the purpose of automatically creating videos. You may disable this feature in the app settings at any time.
Other Information You May Submit
You may submit data to us for limited purposes such as requesting customer support; answering a questionnaire; participating in a study; entering contests or sweepstakes; or signing up to receive communications from us or another user.
Information Collected by Third Parties
Some third parties may collect data about you when you use our services. This may include data you submit (such as payment information) or automatically-collected information (in the case of third-party analytics providers and advertisers).
We may obtain data from third parties about you. We may combine that data with information that we have collected. For example, some advertisers or advertising platforms may allow us to determine what other online services you might use so that we may place relevant ads on those services.
4. How We Use Your Data
We may use your data for the following purposes:
- Identification and authentication: We use your data to verify you when you access your account.
- Operating our services: We use your data to provide our services, process and fulfill orders, provide customer support, and to otherwise comply with our contractual obligations to you. We (and/or our third-party vendors) use your financial information to process purchases made by you.
- Communicating with you: We use your data when we communicate with you (e.g., when we respond to a customer support or other inquiry).
- Improving our services: We use your data to understand how our services are being used and how we can improve them. In general, we analyze aggregated data, rather than specific user data. We may, however, need to analyze a specific case to address a specific problem (e.g., a bug that affects only a few accounts).
- Customizing your experience: We use your data to personalize the service to you. This may include remembering your preferences for language or volume or displaying videos that you might enjoy, based upon your viewing choices.
- Marketing and advertising: We use your data to display ads and send you offers. We may also use your data in delivering third-party advertisements to you. This may include "targeted ads" based upon your activities.
- Exercising our rights: Where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our Terms of Service.
- Legal compliance: We use your data where we are legally required to do so. For example, we may need to gather your data to respond to a subpoena or court order.
- Protecting your information: Where appropriate, we may anonymize, backup, and delete certain data.
We may use algorithms and other automated means to implement any of the above.
Whenever we process your data for one of these purposes, we have determined that one or more of the following lawful bases apply:
- Performance of a contract;
- Legitimate commercial interest;
- Compliance with a legal obligation; or
If you require further information about the balancing test that Vimeo has undertaken to justify its reliance on legitimate basis as a lawful basis of processing, see Section 15 for information on how to contact us.
5. With Whom We Share Your Data
We may share data with third parties as follows:
- As you instruct: We may make your profile and videos available to others as you instruct in using our services. We may share your data with persons to whom you have granted account-level access.
- With your consent: We may share your data with third parties where we have obtained your express consent to do so. You may revoke these consents.
- Authorized vendors: We may share your data with third-party vendors that help us operate our services, process orders, and comply with your instructions and our contractual obligations. This includes payment processors, content delivery networks (CDNs), cloud-based hosting services, monitoring services, email service providers, quality assurance and testing vendors, fraud and abuse prevention vendors, and customer relations management (CRM) vendors.
- Advertising: We may share your data with advertising companies to display relevant ads to you. Unless you expressly agree, we will not share or sell your name, email address, or physical address with such persons.
- Analytics: We may share your data with persons who provide analytics showing how customers are using our services.
- Affiliates and advisors: We may share your data with our parent company, IAC/InterActiveCorp, and our auditors and advisors for planning, financial reporting, accounting, auditing, tax filings, and legal compliance. Unless you expressly agree, we will not share your data with our parent or any affiliate for other purposes, such as direct marketing.
- Certain legal situations: We may share your data where we believe disclosure is necessary to comply with a legal obligation or in connection with a corporate transaction as discussed in Section 6.
- Aggregated or anonymized information: We may publicly disclose non-personal aggregated or anonymized information such as our number of visitors and registered users.
We use reasonable efforts to vet vendors for their privacy and data security practices. We require that such vendors agree to protect the data we share.
6. Legal and Safety-Related Disclosures
We may disclose your data in response to official requests (e.g., court orders, subpoenas, search warrants, national security requests, etc.) ("requests") that we receive from government authorities or parties to legal proceedings.
We handle U.S. requests in accordance with U.S. law. If the request originates from a foreign jurisdiction, we will typically disclose information where we in good faith believe that disclosure is permitted by both U.S. law and local law. In all cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
We may disclose user data where we reasonably believe that someone's life is at risk. For example, if we become aware of a person threatening to commit suicide, we may share that person's data with appropriate entities that may have the ability to help.
We may disclose user data to report suspected crimes. We report content suspected of exploiting minors to the National Center for Missing and Exploited Children (NCMEC) along with the data identifying the uploading user.
We may disclose user data in situations involving legal claims against us or one of our users. If you submit a Digital Millennium Copyright Act (DMCA) or other takedown notice, we may share that notice with the affected user. If you challenge such a notice, we may share your response with the complainant.
7. Data Retention
We may retain your data for as long as you have an account. When you close an account, we will delete its content, including its videos. We may retain logs of automatically collected information (for internal analytics); your email address; your tax information; communications with you; and your transactional information (for auditing, tax, and financial purposes). When we no longer have a business reason for retaining data, we will delete or anonymize it.
We may retain deleted videos on our servers for a short period in case you wish to reverse deletion. Once we delete a video, we may not be able to recover it. If you have previously made a video public, the video or its thumbnail may be discoverable in a search engine's cache for a time. We have no control over search engines; however, we will, upon request, send a request for deletion to major search engines.
If we receive legal process pertaining to your account, we will retain your data for as long as we in good faith believe is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.
8. Your Privacy Choices
We enable you to make numerous choices about your data:
- You may choose not to provide us with certain information. For example, you may choose not to create an account or not to provide optional account information.
- You may change your video privacy settings. See Section 9 for more details.
- You may change or correct information voluntarily submitted to us. We encourage you to keep your data current by viewing your account settings page.
- You may opt out of receiving commercial emails from us. See Section 10 for more details.
- You may backup your videos.
- You may close your account (which will delete all videos) or delete certain videos.
Users from certain countries may have additional rights. See Section 14 for more details.
9. Account and Video Privacy Settings
Our video hosting and sharing tools offer the ability to limit the distribution of your content, including your videos. This section explains some of your choices.
We enable you to manage the privacy settings of your videos. If you make your videos available to third parties, whether through link or otherwise, such third parties will have full access to such videos. As such, you should have no expectation of confidentiality in videos or other material if you have revealed them to third parties.
If you use any of the features that allow you to comment on or "like" other content, you understand that any information disclosed in these venues may be automatically made public. You should exercise caution when disclosing any information, including personal information, in such venues. Vimeo is in no way responsible for the accuracy, use or misuse of any information, including personal information, which you disclose in such venues.
10. Communications from Us
By creating an account, you consent to receive commercial emails from us. This includes newsletters and offers. Users from certain countries may have the ability to opt out or opt in at the time of account creation. All users may decline to receive commercial messages in their account settings. Please note that any opt-out request may take several days to process and you will continue to receive transactional emails from us (e.g., emails confirming transactions and/or providing information about your account).
Mobile Device Communications
We may, with your consent, send push notifications in our apps. You may disable these by declining them or changing the app's settings. To the extent provided, we may, with your consent, send SMS messages to your mobile telephone for authentication and security purposes. You may opt out of receiving such messages at any time.
11. Protecting Your Information
We use physical, technical, and organizational security measures to safeguard your data from unauthorized or accidental disclosure. Despite these efforts, no information system can be 100% secure, so we cannot guarantee the absolute security of your information.
Users also have a role to play in keeping their data safe. We encourage you to use a unique and hard-to-guess password for your account and to not share it with others. You should only grant access rights to people who you know and trust, and, even then, you should be careful in granting all access rights. You should monitor your account regularly. If you believe that someone has gained access to your account without your permission, please contact us immediately so that we can investigate.
12. Your Responsibilities
You may receive other people's data in using our service. If you receive information from other users, you must comply with all laws, including those concerning privacy, data security, and online marketing.
13. Third-Party Services
14. International Data Transfers and Certain User Rights
14.1 Location of Data
Vimeo is based in the United States. We provide services globally using computer systems, servers, and databases located in the U.S. and other countries. When you use our services from outside of the U.S., your information will be transferred to, stored in, and processed in the U.S. and other countries. Please note that U.S. data and privacy laws may not be as comprehensive as those in your country. Residents of certain countries may be subject to additional protections as set forth in Sections 14.2 and 14.3 below.
14.2 GDPR (EEA Users)
This Section 14.2 applies only to natural persons residing in the European Economic Area (for the purpose of this section only, "you" or "your" shall be limited accordingly). It is Vimeo's policy to comply with the EU's General Data Protection Regulation (GDPR). In accordance with the GDPR, we may transfer your personal information from your home country to the U.S. (or other countries) based upon the following legal bases:
- Legitimate business interests: We could not provide our services or comply with our legal obligations without transferring your personal information to the U.S.
- Our use of Standard Contractual Clauses (also known as "Model Clauses") where appropriate.
- Our certification and adherence to the EU-U.S. and Swiss-U.S. Privacy Shield frameworks, as described further below.
If you have a request, complaint or inquiry, please contact our Data Protection Officer at the address listed in Section 15. We are committed to working with you to obtain a fair resolution of any issue. You also have the right to file a complaint with the supervisory data protection authority of your jurisdiction.
14.3 Privacy Shield (EU and Swiss Users)
This Section 14.3 applies only to natural persons residing in the European Union, the United Kingdom and Switzerland (for the purpose of this section only, "you" or "your" shall be limited accordingly). Vimeo complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework (collectively, "Privacy Shield") as established by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the EU, the United Kingdom and/or Switzerland, as applicable, to the U.S.
Vimeo has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view Vimeo's certification, please visit https://www.privacyshield.gov. By making this certification, Vimeo is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
Where Vimeo has transferred personal information of EU, UK or Swiss residents to third parties, Vimeo shall be liable if those third parties do not process personal information in compliance with the Privacy Shield Principles. This shall not be the case where Vimeo establishes that it is not responsible for the damage caused by the third party.
In accordance with Privacy Shield Principles, Vimeo commits to resolve complaints about our collection or use of your personal information. If you have inquiries or complaints regarding our Privacy Shield policy, you should first contact Vimeo at the address listed in Section 15. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact our independent recourse mechanism provider, JAMS, at https://www.jamsadr.com/eu-us-privacy-shield, to file a complaint. JAMS' services are provided at no cost to you.
If you have an unresolved complaint after contacting both Vimeo and JAMS, you may elect to arbitrate your Privacy Shield claims against Vimeo pursuant to Annex I of the Privacy Shield Principles, which provides for binding arbitration administered by the American Arbitration Association. Such arbitration will be binding upon you and Vimeo.
14.4 California User Rights
California residents have the right to opt out of disclosing information to third parties for the purpose of allowing such third parties to directly market their products and services. At this time, we do not engage in this type of disclosure. If you have questions, please contact us.
15. How to Contact Us
For any questions, inquiries, or complaints relating to your privacy, please contact us at:
Attention: Data Protection Officer
555 West 18th Street
New York, New York 10011